Posts Tagged ‘criminal code section 88’

The following information was sent to me regarding a case that will be going to court in Ontario. It has had no media attention to date, although the initial arson attack may have been reported in the local newspaper, although I wasn’t able to find any reference when I did a search.

A Port Colborne man was forced to flee his burning home at night this past August as three masked men threw burning Molotov Cocktails through his windows and shouted that he was dead.

He apparently has now received a Christmas present from the Welland Crown Attorney’s office in the guise of a special delivery complete with police notes and a screening sheet where the Crown indicates it wants to prosecute him to the full extent of the law and is asking for jail time.

His crime? He tried to defend himself from his attackers.

The gentleman in question has had neighbour problems and has received death threats from his neighbour, who was charged but never received any jail time.

In fear of his life the man installed, at the cost of $20,000, a video surveillance camera which did capture the Molotov Cocktail attack and him escaping his burning home as the fire bombers continued to shout they would kill him.

He was also on video allegedly shooting a pistol in an attempt to drive the attackers away.

He was charged under section 86 and was led to believe the charges would be dropped, but in a surprise move in late November another section 86 and a section 88 charge were laid. Now the official position is the Crown counsel wants to lock him away.

The man had been injured at work and is now a full time student at Brock University studying Environment Engineering.

His guns are licensed and registered, but since August they have been seized by the police leaving him at risk for another attack.

The police have not apprehended the fire bombers although believe they can charge two of them but will not do so until all three are known.

The Ontario Fire Marshal told him he was the subject of an attempted murder and he is, with good reason, still in fear of his life.

I really wonder what the police and the prosecutor expected this guy to do? Stay inside and have the house burned down around him? Go out unarmed and confront three thugs who are shouting death threats at him?

The police ‘believe’ they can charge two of the attackers but won’t until the third one is known? It would be interesting to have that explained in rational terms.

The police and the bureaucracy seem far more inclined to put the full force of the law against the victim rather than the perpetrators.

I guess the question is: What in hell has this country come to?

Maybe the answer is that we have allowed our politicians and bureaucrats to write stupid and restrictive laws that allow our justice system to find a crime in almost anything you do. The police love it and many private citizens often support these kind of laws because they think it will only be applied to the ‘bad guys’. But when they innocently run afoul of these laws they are dragged away screaming, ‘it’s not supposed to work this way’. Well yes, that’s exactly what it was meant to do.

Sure, this fellow may get into court and find an intelligent judge who recognizes the injustice and dismisses the charges. But that might be two or three years down the road and $20,000 later in legal fees. Plus the police will have had his firearms in storage for that time and even if he gets off from the charges he will have to fight some more to get the police to give them back, because they are going to want to destroy them. And 5 will get you 10 that the guys who torched his house and threatened his life – if they have been charged at all – will have walked and will probably be laughing up their sleeves about how ‘justice’ works these days.

Read the detail (below) on Sections 86 and 88 of the criminal code to see how the weasel words allow the police and the prosecutors to proceed with charges on subjective interpretations.

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Note:Section 86.(1) Careless Use Of A Firearm – Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.(2) Contravention Of Storage Regulations Etc. – Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mailorder sales of firearms and restricted weapons.(3) Punishment – Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment (1) in the case of a first offence, for a term not exceeding two years, and(11) in the case of a second or subsequent offense, for a term not exceeding five years; or(b) is guilty of an offence punishable on summary conviction.
Section 88.(1) Possession Of Weapon For Dangerous Purpose – Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. (2) Punishment – Every person who commits an offence under subsection (1)(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or(b) is guilty of an offence punishable on summary conviction.